Wilson

This ease was tried without a jury. The court made its findings and entered a judgment against plaintiff and defendant appeals from the judgment so entered. The plaintiff charges negligence of an employee or agent of the defendant in the operation of a motor-truck. The answer denies the allegations of the complaint and sets up contributory negligence as a defense. The court finds as follows: “That, heretofore and within a period of one year next before filing of the complaint in this action, to-wit: On or about the 2'3d day of January, A. D. 1929, the plaintiff herein was, in the county of San Bernardino, state of California, run into and struck by an automobile truck belonging to the defendant, E. Droege, then and there in charge of and being driven and operated by one of defendant’s employees, agents or servants in and about defendant’s business and in the regular course of the employment of said employee, agent > or servant of the said defendant, and with the knowledge and consent of the said defendant and under his direction; that, at the time the plaintiff was so run into and struck by said automobile truck of the defendant, as aforesaid, the said employee, agent or servant…